THE SUBJECT AND TASKS OF FORENSIC AUTOTECHNICAL EXAMINATION

Abstract

Problems of appointing and conducting forensic examination and using their results in the process of criminal offences investigation occupy an important place in the criminal proceedings and expert activities. A separate category among all these problems is perfection of theoretical basis offorensic examination, namely the definition of a subject and tasks offorensic examination in general and its separate types in particular. One of these is the forensic autotechnical examination, as one of the main expertise scheduled when investigating crimes against traffic safety and transport operation. In the practical aspect in the subject of forensic examination we distinguish procedural and gnoseological sides. The procedural side ofa subject of forensic examination is expressed in a circle of circumstances, which are established by means of special knowledge and are the elements of proofs system. The gnoseological side of a subject of forensic examination is expressed in that the object of cognition at practical expert research are properties of expertise object, its sides and mutual relations which are defined during the given research. On the basis of scientific literature and normative-legal acts analysis the subject and tasks of forensic examination are investigated. A subject and tasks of forensic autotechnical expertise are defined. It’s noticed that in the practical aspect the subject of a forensic examination is considered in wide and narrow senses, as a kind (type) subject of autotechnical examination in general, and a subject of a concrete autotechnical examination in concrete criminal proceedings. It’s specified that depending on it the autotechnical examination tasks are divided on general and concrete. It’s proved that the subject and tasks of a concrete autotechnical examination may coincide on volume with the general or to be them yet however they should not be beyond the general.